Back / lumbar spine decisions — 2007

The Board found that the veteran's conditions do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound, as he is able to leave his home at any time and does not require assistance with daily activities.

The veteran's claims for service connection are being remanded due to incomplete records and the need for further examination.

The Board has determined that the veteran's neck and back disabilities, as well as his bilateral foot disability, are related to service. Service connection is granted for these conditions.

The Board has determined that the veteran does not have diverticulitis related to active service and denied his claim for service connection. The lumbar spine disability is also denied as there is no evidence of a relationship between the current disability and military service.

The Board denied the veteran's claims for a total disability rating based on individual unemployability and a higher disability rating for his degenerative joint disease of the lumbar spine.

The veteran's lumbar spine degenerative arthritis with spondylolisthesis, L4-L5, was granted a rating of 20 percent effective prior to March 16, 2006, and in excess of 20 percent from that date.

The veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment, and therefore his claim for a total disability rating based on individual unemployability is denied.

The veteran's service-connected lumbar strain is rated at 20 percent disabling, but the Board found that none of the criteria for a higher rating have been met under either the old or new schedular criteria.

The veteran has withdrawn his appeal regarding the issue of an increased rating for chronic lumbosacral strain.

The Board has determined that the veteran's chronic lumbosacral spine disability was not incurred or aggravated during service and may not be presumed to have been incurred in service. The claim for service connection is therefore denied.

The Board finds that the veteran's low back disorder and bilateral knee arthroplasties are likely due to his service, warranting service connection.

The Board found that the veteran's current low back pain, with degenerative joint disease, was not incurred or aggravated during service and is not related to any in-service trauma. As a result, the claim for service connection was denied.

The Board found that the veteran's current low back disorder is not related to his service, and thus denied his claim for service connection.

The Board found that the veteran's low back disorder and knee disabilities are not service-connected, and denied his claims for increased ratings.

The veteran's appeal is being remanded for further development, including obtaining updated medical records and scheduling examinations to assess the severity of his service-connected low back and lower extremity disabilities.

The Board has determined that the veteran's degenerative disc disease of the lumbar spine is related to his military service and grants the claim for service connection.

The veteran's service connection claims for bacterial infection with diarrhea, parasitic infection with diarrhea, and typhus infection with diarrhea were denied. The veteran was granted initial compensable ratings for DJD of the cervical spine C5/6 and C6/7 prior to May 20, 2004 (10%), and DJD of the lumbar spine (10%) since May 20, 2004. No other service connection claims were granted.

The Board found that the veteran's low back disability was not incurred in service and is not shown to be secondary to a service-connected disability. The veteran's bilateral cavus feet with Morton's neuroma resulted in mild to moderate symptoms, but did not meet the criteria for an increased evaluation.

The Board has determined that the veteran's degenerative joint disease of the lumbar spine is service-connected, with no aggravation during his combat deployment in Iraq.

The Board has remanded the case due to incomplete medical records and the need for further development of the veteran's claim.